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Law firms fed up with delays in legal aid

Legal Aid bills to be paid.And hard-up people who rely on free legal representation could be hit as fed-up lawyers withdraw their services.

Legal Aid bills to be paid.

And hard-up people who rely on free legal representation could be hit as fed-up lawyers withdraw their services.

One firm running on a bank overdraft is owed as much as $75,000, The Royal Gazette has learned.

It is believed major cases, including the Watson murder trial, may have drained Legal Aid funds.

Watson's case itself is thought to have cost over $100,000 in Legal Aid fees.

Yesterday Government, which funds Legal Aid, came under heavy fire from a local lawyer.

Mr. Timothy Marshall said he could not afford to wait for between six and 12 months to get paid.

And he warned some firms, including his own, were considering pulling out from the service.

He pointed out people were hauled before the courts for non-payment of accounts.

"If Government was a client it could expect to go before Magistrates' Court.'' Mr. Marshall, from Marshall & Taplin, said small firms which handled many Legal Aid cases were particularly hit by delayed payments.

"The method of payment has got to be improved a lot,'' he added.

Lawyer Mr. Phil Perinchief, who runs his own firm, last night also slammed repeated delays in payments.

"I am at the stage now where I am seriously considering whether to continue in the system.'' Mr. Perinchief went on to call for a complete overhaul of the service, saying lawyers should be paid by the courts.

He also pressed for the system to cover procedural matters in court -- before a Legal Aid certificate is given.

The complaints mirror those made last year when it was revealed Legal Aid was facing a cash crisis.

Payment to lawyers for representing those unable to pay their high fees is carried out after a three-stage process.

First the Legal Aid Committee has to approve the account submitted by a firm.

Then the account is passed on to social services, which oversees the work of the Legal Aid Committee.

Finally, it is sent to Accountant General Mr. James Hannam for payment.

Lawyers under Legal Aid get paid $100 per hour, or $115 per hour in court time for a murder trial.

One law firm, which did not wish to be named, is owed up to $75,000, forcing it to operate in the red.

A lawyer with the firm said: "It is not satisfactory at all. We are relying on the bank to cover us. It's really outrageous.

"Processing of accounts generally becomes bogged down at the social services stage.'' He added he would be lobbying Social Services Minister the Hon. Quinton Edness to improve the problem.

Mr. Marshall said: "Government's inability to pay on a timely basis is resulting in a situation where it is forcing the practioner to leave the Legal Aid system in favour of servicing clients who can pay on a timely basis.

"My firm has given serious consideration to withdrawing from the system because I certainly cannot afford to wait six to 12 months to get paid.

"Certainly there are smaller firms that are dedicated to helping individuals who can't afford the service of an attorney.

"But Government's inability to pay on a timely basis is making it extremely difficult to perform such work for the needy.'' Mr. Marshall said payment delays could stem from an increasing number of people using Legal Aid, the size of the claims, or inadequate funds.

He said the system could be speeded up if the social services stage was bypassed.

Mr. Edness, who is attending a drugs conference in Jamaica, could not be contacted for comment yesterday.

Supreme Court Registrar Mr. Ken Brown, chairman of the Legal Aid Committee, yesterday said he had not been "inundated'' with protests from lawyers about payment delays.

"It may well be there are some delays somewhere along the line,'' he commented.

He added, however, he was unaware of a major problem -- and urged disgruntled attorneys to contact him.

Mr. Brown dismissed suggestions delays could stem from a cash crisis.

Mr. John Riihiluoma, president of the Bar Council, said yesterday: "I am not aware of any problem, although that is not to say it doesn't exist.''